Terms & Conditions

Terms & Conditions
Please read these Terms and Conditions of Use (the Terms) carefully before using www.bpp.com/cpd

These terms apply to all users of this Website including casual browsers.

BPP Professional Development (BPP) reserves the right to alter the terms and conditions listed below, from time to time, by posting new terms and conditions on this web site. It is recommended you revisit this page from time to time to ensure you are aware of any changes that have been made to the Terms.

Upon payment of the appropriate fee for a BPP Virtual Campus Online Course, you (the paying individual) will have review access to that Online Course purchased for the access period specified, unless the course is removed. For details of current Online Courses available for purchase, please refer to the course-listing . The receipt of a Online Course is personal to you and you may not transfer your rights to access the Online Course or provide a Online Course to another person unless BPP has consented in writing. The fee permits you alone to use the Online Course on a computer that is under your control. You may not in any way copy or otherwise distribute the Online Course purchased without the written consent of BPP.

Fees payable by you for Online Courses shall be in accordance with the relevant scale of charges and rates published from time to time by BPP on the Website.

The provision of the Online Courses is contingent upon BPP having received payment in full from you in respect of the relevant Online Courses. Without prejudice to BPPs rights and remedies under these Terms, if any sum payable is not paid on or before the due date, BPP reserve the right, forthwith and at BPPs sole discretion, to suspend the provision to you of the relevant Online Course.

Demonstrations

Before purchasing a Online Course, you are strongly advised to access one of the free demonstrations courses available on this Website in order to ensure that the computer you use to complete your online learning is able to support the technology that BPP uses. Further information is available in the web site FAQs page.

In the event that you proceed to purchase a Online Course without availing yourself of one of the free demonstrations to ensure that your computer is compatible, you acknowledge and accept that BPP cannot be held responsible for any technical problems you encounter following the purchase of a Online Course.

BPP is not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Website but BPP may elect to offer technical support, the extent of any such technical support is entirely at the discretion of BPP.

Modifications to content of existing courses or technology enhancements From time to time, BPP may make modifications, enhancements or issue clarifications (for example, to clarify ambiguous regulatory drafting) to the audiovisual, interactive or written Online Courses. You will have access to such changes free of charge.

Annual (or other term) Updates
Certain Online Courses, for example the Finance Act 2004, will periodically be superseded by new legislation or issue of new regulations.

Following the enactment of new legislation or issue of new regulations BPP may, produce on the BPP Virtual Campus Online Courses covering the new material.

Wherever new legislation or regulations supersede existing Online Courses, these will be available for purchase as new Online Courses (supersessions).

For the avoidance of doubt, purchase of a current Online Course does not entitle the purchaser to future supersessions as part of the original purchase.

When legislative or regulatory changes are announced by relevant regulatory authorities that will replace or supersede existing content on the Virtual Campus, BPP will issue a note to this effect against any existing content as soon as is reasonably practicable.

Notice of other changes to course content
Where regulatory authorities issue new guidance or other pronouncements which supersede or materially change existing Online Courses (for example, where a new accounting standard is issued replacing an existing accounting standard), BPP will issue against any relevant existing Online Courses a notification of expected new guidance as soon as reasonably practicable. Where a notice appears against a Online Course, please consider whether you wish to purchase the existing Online Course(s) or wait until new Online Courses are made available for purchase on the Virtual Campus. Purchase of existing Online Courses subsequent to notification of expected guidance will not entitle the purchaser to new Online Courses. New Online Courses must be purchased separately. BPP will be the final arbiter of what amounts to a supersession or material change to an existing Online Course.

Where an existing Online Course has been purchased prior to notification of expected new guidance, you will be entitled to and receive a free update if you have not recorded completion of the Online Course at the time notification is issued on the BPP Virtual Campus. However, where you have already recorded completion of the existing Online Course, you will not be entitled to the supersession free of charge. This must be purchased as a new Online Course.

Change of access From the date upon which any new guidance becomes effective, existing Online Courses will cease to be available for purchase. In these circumstances, the Online Courses will be removed from the course catalogue. When a course is removed, the course will no longer be accessible. However a record of Online Courses completed will be maintained in your account history.

Links to other Websites

BPP may provide links to third party websites from time to time, which may include links to sites owned by associated companies of BPP. Any third party links are provided for your convenience only and are accessed at your own risk. BPP is not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.

Technical Support/ Disruption of access

BPP will provide technical and content support to individuals who have purchased a Online Course in respect of the Online Course purchased, in accordance with the service level agreement referred to below.

BPP will use reasonable skill and care in providing such technical support and shall take steps to seek that this service is available but cannot guarantee uninterrupted availability. BPP do not guarantee that the technical support provided will resolve your technical problems and if you do decide to avail of any technical advice provided by BPP then you should ensure that such advice is strictly followed

You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to this Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

You also acknowledge that BPP cannot be held responsible for any delay or disruptions that are inherent in the operation of the internet and the World Wide Web, including but not limited to viruses.

BPP will use reasonable efforts to seek that the Website is available 24 hours a day 7 days a week. However, BPP reserves the right to suspend access to the Website. There may be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of BPP

Limitation of liability

BPP shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Web Site and any Online Course:

any loss of profits, loss of earnings loss of anticipated savings, goodwill or revenue; any loss or corruption of data; or any indirect or consequential loss;

BPPs maximum aggregate liability to you for any claim in contract, tort, negligence, or otherwise arising out of or in connection with the provision of any Online Course shall be limited to the charges paid by you in respect of the Online Course which is the subject of any such claim and provided you notify us of any such claim within one year of it arising

The exclusions and limitations of liability contained in this section shall not apply to:

any loss or damage resulting from death or personal injury caused by BPPs negligence; or any other losses which may not be excluded or limited by law.

Each provision in this Paragraph shall be construed separately as between you and BPP. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective

Disclaimer
The BPP Virtual Campus and individual Online Courses are for training purposes only. BPP will not accept any responsibility to any party for the use of these materials for any purpose other than training, including but not limited to the giving of advice by any purchaser to any third party.

Intellectual Property

At all times, BPP remains the owner of the intellectual property in the Online Courses. No Online Course nor any part of it may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior permission of BPP.

Credit card or other payment details

BPP will not retain your credit card or other payment details following confirmed receipt of your payment.

Events beyond our reasonable control
BPP will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Service Level Agreement

This Service Level Agreement ("SLA") details the terms for service provided by BPP in relation to technical support, (Service). It specifically addresses service level definitions, measurements, and minimum service standards that will be in effect for the Service.

1. SERVICE AVAILABILITY

1.1. Service Availability Definition

Service Availability means the amount of time (excluding scheduled maintenance downtime) the Service is available and capable of receiving, processing, and responding to requests.

1.2. Service Availability Measurement

Non-availability is the amount of time the Service is neither available nor capable of receiving, processing and responding to incoming transactions from the requesting entity.

Service Availability for a given month is calculated as a percentage equal to [(# of minutes the Service is available in the month - number of minutes of scheduled downtime during the month) / (total number of minutes in the month - number of minutes of scheduled downtime during the month)].

1.3. Minimum Service Availability Requirement

Reasonable efforts will be made to provide Service Availability of 95% on a monthly basis.

1.4. Response Time Definition

Response time is defined as the total amount of time it takes the Service to respond to a request, (based on the duration between the time the request arrives at the hosted system) until the time the response leaves the hosted system. This does not include Internet latency.

1.5. Response Time Measurement

The measurement for processing response time is the number of elapsed seconds from the time the customer's request is received by the hosted system, to the time the response leaves the hosted system.

1.6. Scheduled Down Time Definition

There will be a monthly scheduled down time period to perform system maintenance, backup and upgrade functions for the Service. This period will not normally exceed 4 hours per month and will usually be scheduled for a weekend (Friday after 6pm Greenwich Mean Time). Any outages planned outside of this window, will be communicated 48 hours in advance to the Customer via a popup window on the site. If a longer downtime window is required, the Customer will be notified in advance using the same mechanism.

BPP retains the right to shut down, reboot, modify or fix servers at any time if it is deemed necessary to prevent security breaches or operational failures (including, but not limited to viruses, worms, date bombs, time bombs or denial of service attacks). This may require loss of access to the system for a period of time, but such protective action shall constitute scheduled down time, and in so far as it is practicable the customer will be notified immediately.

1.7. Scheduled Down Time Measurement

The measurement for scheduled down time for the Service is the time elapsed from when the Service is not available to perform operations to when the Service becomes available to perform operations based on the scheduled down time. System logs will indicate scheduled system down time and will be used to track outages.

1.8. Minimum Scheduled Down Time Requirement

Scheduled down times will normally begin and end within the scheduled period at least 90% of the time.

2. CUSTOMER & SERVICE SUPPORT

BPP will seek to provide customer and service support to the Customer as described below.

2.1. Availability

Email support is available Monday through Friday from 7:30am to 7pm. Requests received via Email are ordinarily responded to by next business day.

2.2. Severity Matrix

Severity Level

Description

Update Response Time*

Diagnosis Status*

Update communication*

1

A problem or event that significantly impairs the usability of our product including but not limited to: Outages, termination of user progress for an entire company(s), significant missing elements in the product, significant amount of score loss experienced by multiple users.

4hrs

16 business hours

Daily

2

A problem or event that interrupts user progress but does not terminate it for an entire company. Technical inaccuracies affecting a single component of our product.

2 Business Day

3-4 days

Weekly

3

A problem or event that affects a single user but is not subjective in nature.

4 Business Days

6 days

Weekly

4

A subjective concern or annoyance for the user.

6 Business Days

8 days

Upon implementation of suggestion.

*Time frames for the above matrix are based on GMT time zone for calls received during live end user support hours.

2.3. Problem Resolution Response Effort

BPP will provide problem resolution as soon as is reasonably practicable upon notification by the Customer or upon self-determination as follows:

Severity 1: BPP will assign sufficient resources to resolve the problems as quickly as possible with the goal of maintaining the service levels agreed to in this Schedule. For Severity 1 problems, BPP will use continuous effort to resolve the problem until an official fix is installed and tested, and until the Service is back to normal operations. Severity 1 problems will be continuously monitored and in so far as practicable the Customer will be notified of the status through phone or email on a daily basis.

Severity 2: BPP will assign sufficient resources to fix the problem as quickly as possible with the goal of maintaining the service levels agreed to in this Schedule. In so far as is practicable BPP will communicate these corrective actions and resolution timeframes to the Customer through phone or email on a weekly basis.

Severity 3: BPP will assign sufficient resources to fix the problem as quickly as possible with the goal of maintaining the service levels agreed to in this Schedule. In so far as is practicable BPP will communicate these corrective actions and resolution timeframes to the Customer through phone or email on a weekly basis.

Severity 4: BPP will assign sufficient resources to evaluate the feasibility of enhancing the product, with the goal of maintaining the service levels agreed to in this Schedule. BPP will communicate disposition of the issue to the Customer through phone or email.

Notification of Change:
BPP reserves the right to change the service levels to match business conditions. If any changes are necessary, a 30 day notification will be given to the client.

Content support

BPP will provide technical support for content authored and supplied by BPP. Please note that this support is available only to clarify misunderstanding or ambiguity in technical content. Support does not extend to the provision of advice or information outside the scope of the existing content already contained within the endorsed e-Online Courses. BPP will be final arbiter of what falls outside the scope of existing content, and in no circumstances shall BPP be obliged to expend a time period greater than the length of the particular e-Online Course purchased in providing technical support to the Customer in relation to the content of each particular e-Online Course.

Availability

Email support is available Monday through Friday from 7:30am to 7pm. Requests received via Email will ordinarily be acknowledged by the next business day. BPP will take reasonable and practical steps to respond to your query as quickly as possible but the response time will depend on the nature of the query and the volume of queries being received by BPP generally in relation to the Service.

General
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.

These Terms constitute the entire agreement between us in relation to the provision by BPP of the Online Courses, and they replace and supersede any prior arrangements between us in relation to the Online Courses. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Online Courses other than those expressly set out in these Terms.

The agreement between us which is compromised in these Terms is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.

Copyright notices
Unless otherwise specified the copyright in the contents of all the pages in this web site are owned or licensed to BPP.

Conditions of your use of this Website
Except as stated below, the contents of this web site may not be copied, reproduced, distributed, republished, posted or transmitted in any form or by any means without the prior express written permission of BPP. You may not distribute, display or copy any of the contents of the pages contained in this web site to third parties including, but not limited to "caching" any material on this web site for access by third parties and "mirroring" any material on this web site.

You may print or download to disk the contents of an individual page of this web site for the purpose of private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of the content in this web site for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any content.

Exclusion of BPP's liability
The information contained in the material in this web site is only for information purposes.

In no event do we accept liability of any description, including liability for negligence (except for personal injury or death), for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from use of or inability to use this web site. BPP makes no warranty that this web site (or web sites which are linked to this web site) is free from computer viruses or any other malicious or impairing computer program.

The pages contained in this web site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

Other web sites
This web site contains links to other websites that are not under the control of and are not maintained by BPP. BPP is not responsible for the content of those sites. BPP provides these links for your convenience only but does not necessarily endorse the material on these sites.

Data Protection and Privacy
Any details which you provide to us from which we can identify you are held and processed in accordance with our Data Protection Registration. Further details are set out in our Privacy Statement (see below).

General policy
BPP respects your privacy. The information that you provide us with, or that is gathered automatically helps us and third parties to monitor our service and provide you with the services that you have subscribed to. If you have any concerns, questions or comments please email enquiries@bpp.com

Surveys
On occasion we may conduct online surveys. This is used to gauge our service, collect demographic information and other information that we may find useful. These surveys are optional. We may share non-personal, aggregated information with third parties.

Security
While we strive to keep the information that you supply directly or indirectly secure please be aware that the Internet is not a fully secure medium.

Usage of information
If requested we may submit your information to local or government authorities.

Policy changes
By using our site you agree to accept this privacy policy and are aware that our policy may change with time. Any changes to this policy will appear on this web page.

Law governing the Terms
Use of this web site and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.

Jurisdiction
The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this web site and its use and these Terms.